LAWS(J&K)-2009-2-38

PANKAJ KUMAR Vs. UNION OF INDIA

Decided On February 19, 2009
PANKAJ KUMAR Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) PETITIONERS have filed this writ petition questioning the selection and appointment of respondent nos. 5 to 19 as Junior Engineer Electrical and Maintenance in the Military Engineering Service made pursuant to advertisement no. CEUZ/1/2003 issued by Military Engineering Service, Chief Engineer, Udhampur Zone.

(2.) PETITIONERS learned counsel questions the respondents selection and appointment solely on the ground that respondent nos. 1 to 4 had not followed the laid -down criteria for selection of Junior Engineers and had erroneously given preference to respondent nos. 5 to 19 because of their possessing higher qualification of Degree in Engineering, thereby depriving the petitioners, Diploma Holders of their right to requisite consideration for selection and appointment as Junior Engineers in the Military Engineering Service.

(3.) MR . V.K.Magoo, learned Assistant Solicitor General of India, justified the respondent no. 5 to 19s selection and appointment on the ground that Selection Guidelines and Rules had been duly followed by respondent nos. 1 to 4 in making the selection and appointment of the respondents and the grievance of petitioners -Diploma Holders regarding giving weightage of additional 10 marks to the Degree Holders was misconceived as the rules governing the selection would justify allocation of 10 marks for the higher qualification of the candidates possessing Degree in Engineering.